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Civil Procedure — judicial estoppel
2011AP859 Swan Sales Corporation v. Tillman, et al.
High court agrees to take on barge case
The Wisconsin Supreme Court has agreed to hear the case of a Milwaukee property owner assessed the costs of removing a sunken barge from the Menomonee River. At issue is the doctrine of “judicial estoppel,” which provides that a party who successfully argues one position in court cannot then argue the opposite in a second […]
10-3462 Walton v. Bayer Corp.
Civil Procedure Judicial estoppel The doctrine of judicial estoppel is not limited to successive suits. “[W]hile judicial estoppel is usually understood to require that the first litigation have been a separate lawsuit that ended in a judgment or settlement, McNamara v. City of Chicago, 138 F.3d 1219, 1225 (7th Cir. 1998), in this case had […]
2010AP30 In re the return of seized funds in: State v. LaPere
Civil Procedure Judicial estoppel Joseph LaPere appeals an order implicitly denying his petition to return $1,150 seized by police during a search of LaPere’s property. Because we conclude that LaPere is judicially estopped from requesting the relief sought in his petition, we affirm the order. This opinion will not be published. 2010AP30 In re the […]
THE DARK SIDE: There’s no pilpul in the Wisconsin Law Journal
I recently learned a new Yiddish term while reading a novel called "The Chosen" by Chaim Potok: "pilpul."
2009AP3075 State v. Ryan
Civil Procedure Judicial estoppel Where a party maintained it was the owner of property in an eminent domain proceeding, it is estopped from arguing it is not in a later forfeiture action. “We think that Ryan presents a textbook example of a litigant playing ‘fast and loose’ with the judicial system. See Harrison, 187 Wis. […]
2009AP2337, 2009AP3191 In re the estate of Arlene W. Bowsher
Trusts and Estates Partial assignment; judicial estoppel Rick S. Guerard appeals from a judgment that admitted the will of Arlene W. Bowsher to probate and stated that Guerard, the sole beneficiary under the will, could not withdraw an amended partial assignment that he made earlier in this probate case. In response, one of the respondents, […]
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